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LEASE FOR CLEARWATER COMMUNITY CHORUS (4) ~ . ...;o.a.: 6(11~/ALL 'fo ~:~ ~4lt- CL: 'Dt..,rl -fc' 1<... June 19, 1998 Ms. Margo Walbolt Clearwater Parks & Recreation Department P. O.Box 4748 Clearwater, FL 33758 Dear Margo: Enclosed please find the original and one copy of the Lease Agreement between the City of Clearwater Parks and Recreation Department and PACT Inc. for the rental of Ruth Eckerd Hall on December 9 and 13, 1998 and March 22 and 28, 1999 for rehearsals and performances by the Clearwater Community Chorus. Please execute BOTH copies of the Lease AgreementlEstimated Expense schedule and return both to the Event Services office no later than July 15, 1998. PACT Chief Financial Officer, William Ross, will counter-sign the contracts and the original will be returned to you for your records. PLEASE UNDERSTAND THAT UNDER NO CIRCUMSTANCES IS ANY DATE CONFIRMED UNTIL THE CONTRACTS HAVE BEEN COUNTER-SIGNED BY PACT'S CHIEF FINANCIAL OFFICER. Also enclosed is the Usage Policy. The Usage Policy states the terms of the Lease Agreement. The Usage Policy also offers information regarding Box Office, stage operations, and the Certificate of Insurance requirements. Please read it carefully and sign the Usage Policy Agreement as confirmation that you have read the Policy and understand the responsibilities of a Lessee at Ruth Eckerd Hall. The Usage Policy Agreement must be returned with the signed contracts. Please also complete the Box Office Services form enclosed. Box Office services can not be initiated until Event Services receives this form, completed with detailed information about your event.- . If I can be of further assistance, or if you have questions about the enclosed contract, Usage Policy or Box Office Services, please feel free to contact the Event Services office at (813)791-7060. a,r~allY. . . ~ ~~ Event Services Manager PACT, INC. 1111 McMullen Booth Road · Clearwater, Florida 33759 · Telephone (813) 791-7060 · Fax (813) 724-5976 RUTH ECKERD HALL LEASE AGREEMENT This Agreement is made this .16 day of JUNE 19 98 between Performing Arts Center Theater, Inc. CITY OF CLEARWATER PARKS & RECREATION DEPARTMENT Lessor, hereinafter referred to as "Center" and performing as Cl.f;ARWATER C:OMMUNITY CHO!1U$ herein referred to as "Lessee" (Lessee certifies that the above is the true legal title.) It is mutually agreed between the parties as follows: 1. FACILITY USE: The Center agrees to the use of the PACT, Inc. facilities at 1111 McMullen Booth Road, Clearwater, Florida 33759, specified below, by the Lessee for the purposes of: REHEARSALS AND PERFORMANCES FACILITY USAGE RENT DATES AUDITORIUM REHEARSAL $700.00 REHEARSAl RATE WED 12-9-98 AUDITORIUM PERFORMANCE $950.00 SUN 12-13-98 "SONGS OF THE SEASON" PERFORMANCE RATE AUDITORIUM REHEARSAL $700.00 REHEARSAL RATE MON 3-22-99 AUDITORIUM PERFORMANCE $950.00 SUN 3-28-99 "A LITTLE OFF BROADWAY" PERFORMANCE RATE INCLUSIVE TIMES 5PM -11PM 8AM . 5PMj PERFORMANCE @ 2:30PM 5PM -11PM 8AM - 5PMj PERFORMANCE @ 2:30PM For spaces, dates and times specified above, the rent is $ 3,300.00 plus additional expenses, 2. ADVANCE PAYMENTS: The Lessee agrees to pay the Center a N/A deposit with the return of this signed agreement no later than JI,JJ.)'J!;j, 1998. Lessee agrees to make advanced payment to Center for reimbursables of such sums as are necessary to cover those costs which Center anticipates it would encounter on behalf of Lessee in preparation for and planning of Lessee's event (including all dollar amounts reflected or developed as identified on Schedule A). 3. FINAL PAYMENTS: Final payments must be made to the Center no later than 15 days after the performance date. If payments are not made by this time a 1.5% interest rate per month will automatically be added to the Lessee's bill. Additionally, no future dates will be held until final payment is made. Any unused portion of the reimbursable costs will be returned to Lessee with final settlement statements as soon thereafter as possible. 4. STATE SATES TAX: The current State Sales Tax rate is applicable to all rentals and certain services (e,g. Rent, MDS, Ticket Printing) or other things of value, If Lessee has a Tax Number which exempts Lessee from the State Sales Tax, Lessee will provide the Center with a copy of the State Tax Exemption Certificate at signing of contract. 5. NON-TAXABLE SERVICES: Lessor separately agrees to perform or cause to be performed services required for the Lessee's event as listed on Schedule A. These services are not subject to Florida State Sales Tax (e.g. Parking Guards, Security Guards, Box Office Services, etc), 6. CANCELLATION BY LESSEE: Should Lessee desire to cancel this Agreement, notification must be given in writing to the Center at least 90 days prior to the date of scheduled event. In the case of cancellation by the Lessee, the Center may require the contract rent, or full deposit made by Lessee, as liquidated damages, plus any additional expenses incurred, and the Lessee and the Center shall be relieved of any further obligations under this Agreement. PACT, INC. 1111 McMullen Booth Road . Clearwater, Florida 33759 · Telephone (813) 791-7060 · Fax (813) 724-5976 .-' RUTH ECKERD HALL LEASE AGREEMENT, PAGE 2 7. CANCELLATION BY CENTER: Should the Center desire to cancel this Agreement or be unable to perform under this Agreement, notification will be given to the Lessee at least 60 days prior to the date of scheduled use. The Center shall return any rent payments and the Lessee and the Center shall be relieved of any further obligations under this Agreement.. 8, PERFORMANCE BOND: The Center reserves the right to require the Lessee to post a Performance bond of $ N/A before either by Cashier's Check to PACT, Inc" or by a duly accredited bonding company. The terms of the bond will be: 9. UNION AGREEMENTS: Lessee agrees to abide by any agreements or contracts currently in force between the Center and any labor unions, 10. REASONS FOR TERMINATION OF LEASE: The Center may terminate this Lease if Lessee fails to perform any of its obligations, herein set forth, or appears to the Center to be financially insecure, in violation of the law, or about to default under the terms of the Lease Agreement or the Usage Policy. Upon termination of the Lease Agreement for whatever reason, Lessee agrees to promptly remove, at Lessee's expense, all its property from the Center premises within 24 hours and to forfeit all advance payments made to the Center. 11. ASSIGNATION OF RIGHTS: The Lessee shall not assign this Agreement or any rights hereunder nor sublet said premises without the written consent of Center. 12. USAGE POLICY: LESSEE AGREES TO OBSERVE AND ABIDE BY THE USAGE POLICY, WHICH INCLUDES THE RULES AND REGULATIONS GOVERNING THE USE OF THE PERFORMING ARTS CENTER AND THEATER. A COPY OF SAID USAGE POLICY, PLUS RELATED ATTACHMENTS, WILL BE APPENDED HERETO AND MADE A PART THEREOF. LESSEE ACKNOWLEDGES RECEIPT AND REVIEW OF THE USAGE POLICY, BY: CLEARWATER PARKS & RECREATION DEPT. X (tffJ FOR: Center PACT, Inc. kd-cA---r FOR: Lessee (Organization) BY: General Manager/C.F,Q. ~y 1111 McMullen Booth Road Clearwater, Florida 33759 ADDRESS: P. O. BOX 4748 CLEARWATER, FL 33758 Tel.#: 562-4809 DATE: X 1 , 1!112/1~ It!},!/' Y DATE: ~. RUTH ECKERD HALL j\fanaged by PACT, Inc, ESTIMATED EXPENSES LEASE AGREEMENT - SCHEDULE A CITY OF CLEARWATER PARKS & RECREATION DEPARTMENT TAXABLE ESTIMATED EXPENSES Rental fee $3,300.00 MDS -~OO.OO (BASED ON 2,OOOTOTALPMRONS @ $.50/PERSON) Ticket printing $200.00 {$100.00 PER SHOW) TOTAL TAXABLE EXPENSES SALES TAX BOX OFFICE EXPENSES Base charges $300.00 ($150.00 per show) Day of show only Credit card service 5% of charges sold Ticketmaster service TOTAL BOX OFFICE CHARGES TECHNICAL EXPENSES Stagehands estimate only Piano Tune Video recording DtheL,,-,. TOTAL TECHNICAL EXPENSES ADDITIONAL EXPENSES Parking guards Traffic officer Advertising Custodial Charge TOTAL ADDITIONAL EXPENSES TOTAL ESTIMATED EXPENSES AGREED TO: X DATE: 't. $19/$20 per stagehand, 4 hour minimum 3 person minimum (Union Stage) $3,100.00 estImate (based on 1997 event costs) $320.00(4 @$10/hr,4hr minimum,per show) $168,00 (lji21/hr., 4 hr minimum per show) $500.00 a~ (/,1)277 Y $4,500.00 EXEMP J $300.00 base $3,100.00 estimate only $988.00 e $8,888.00 + Insurance PACT, INC. 1111 McMullen Booth Road · Clearwater, Florida 33759 · Telephone (813) 791-7060 · Fax (813) 724-5976 , ' . . -" USAGE POLICY AGREEMENT Lessee has read the Usage Policy and agrees to perform under the terms stated herein. Lessee acknowledges its responsibility in completely informing the proper agents, employees of Lessee, contractors, and subcontractors hired by Lessee, concerning these rules and regulations. Further, Lessee accepts complete responsibility for the failure of said agents, contractors, subcontractors or employees of Lessee to abide by the provisions therein. Lessee understands that should Lessee be found in violation of any of the provisions of this Policy, the Center will consider the Services Contract Agreement null and void and Lessee may be required to forfeit all advance payments and deposits, and m~y be liable for all rental fees and other~expenses-incorred, ~or committed, including attorney's fees, whether or not the performance actually occurs. ORGANIZATION: Clearwater Community Chorus EVENT DATE: December 9 & 13, 1998 and March 22 & 28, 1999 Agreed to: X !2J1:!~ X II j;Z/ff' (Lessee} PACT,INC. (Date) 1111 McMullen Booth Road . Clearwater, Florida 33759 · Telephone (813) 791-7060 · Fax (813) 724-5976 Invoice Date LESSEE: EVENT : DATE(S): TIME: REVENUES 1/6/99 PACT, INC. FINAL REVENUE/EXPENSE REPORT CLEARW A TER PARKS & RECREATION DEPT, CLEARWATER COMMUNITY CHORUS 12/13/98 PERFORMANCE & 12/9/98 REHEARSAL 2:30 PM a,#: # tickets 1087 7.147,00 467,56 6,679,44 b,#: TOTAL TICKET REVENUE: $ LESS SALES TAX: $ NET TICKET REVENUE: $ TICKETS CONSIGNED: $ LESS SALES TAX: $ CONSIGNED NET: $ PACT TICKET SALES: $ LESS SALES TAX: $ PACT NET: $ TICKETMASTER SALES: $ LESS SALES TAX: $ TICKETMASTER NET: $ 0,00 c,# 1021 7.147,00 467,56 6,679,44 d,# e,# 66 COMPLIMENTARY TICKETS 0,00 TOTAL REVENUE: EXPENSES BOX OFFICE SERVICES Box Office charges Ticket printing PACT credit card svc, Tktmaster outlet svc, Tktmaster credit card svc, TOTAL BOX OFFICE SERVICES $ $ $ $ $ $ 296,90 150,00 100,00 46,90 HOUSE CHARGES Rental fee MDS-2'Yo OF GROSS TICKET SALES OR 967 @ ,50 each Florida sales tax Stagehands Traff'ic police Parking guards Piano Tune Misc. Custodial Charge $ $ $ TAX EXEMPT $ . -$- $ $ $ $ 1,774,00 .84.00 165,00 0,00 0,00 250,00 1,650,00 483,50 TOTAL HOUSE CHARGES $ 4,406,50 TOTAL EXPENSES: LESS DEPOSIT: NET EXPENSES: LESS BOX OFFICE RECEIPTS: CZf.~~~') NET DUE: $6,679.44 $4,703,40 $0,00 $4,703.40 $6,679.44 ($1,976,04) Invoice Date 30-Jul-98 PACT, INC. FINAL REVENUE/EXPENSE REPORT LESSEE: CLEARWATER PARKS & RECREATION DEPT. EVENT: CLEARWATER CITY PLAYERS DATE(S): 7/19/98- 7/26/98 TIME: 8:00PM & 2:00PM REVENUES # tickets a.#: 3483 TOTAL TICKET REVENUE: $ LESS SALES TAX: $ NET TICKET REVENUE: $ b.#: 0 TICKETS CONSIGNED: $ LESS SALES TAX: $ CONSIGNED NET: $ c.# 3458 PACT TICKET SALES: $ LESS SALES TAX: $ PACT NET: $ d.# TICKETMASTER SALES: $ LESS SALES TAX: $ TICKETMASTER NET: $ e,# 25 COMPLEMENTARY TICKETS 34,580,00 2,262.24 32,317,76 34,580.00 2,262.24 32,317.76 TOTAL REVENUE: EXPENSES BOX OFFICE SERVICES Box Office charges Ticket printing PACT credit card svc. Tktmaster outlet svc. Tktmaster credit card svc. TOTAL BOX OFFICE SERVICES $ $ $ $ $ $ 250.00 300.00 895.50 1 ,445.50 HOUSE CHARGES Rental fee $ 7,450.00 MDS-2% OF GROSS TICKET SALES OR 3306 @ .50 each $ 1,653.00 Florida sales tax $ TAX EXEMPT Stagehands $ 17,880.50 Traffic police $ 388.50 Parking guards $ 565.00 Piano Tune $ 70.00 Custodial Charge $ 750,00 Tech Equipment $ 630,00 $ $ $ $ TOTAL HOUSE CHARGES $ 29,387.00 TOTAL EXPENSES: LESS DEPOSIT: NET EXPENSES: LESS BOX OFFICE RECEIPTS: ~(L2 NET DUE: 0,00 0,00 0.00 0.00 $32,317.76 $30,832.50 $0.00 $30,832.50 $32,317.76 ($1,485,26) rn E 00' P'f f" ~ ~ ,'Jj ~ '''',' , ", ilI,\L' ; ~ Ii' , II I, C0' I:~!. USAGE POLICY AGREEMENT Lessee has read the Usage Policy and agrees to perform under the terms stated herein. Lessee acknowledges itsresponsibility-ill'oompletely' informing the proper agents, employees of Lessee, contractors, and subcontractors hired by Lessee, concerning these rules and regulations. Further, Lessee accepts complete responsibility for the failure of said agents, contractors, subcontractors or employees of Lessee to abide by the provisions therein. Lessee understands that should Lessee be found in violation of any of the provisions of this Policy, the Center will consider the Lease Agreement null and void and Lessee may be required to forfeit all advance payments and deposits, and may be liable for all rental fees and --~otherUexpeitses-Incur-red, or comm.itted, iricliidingU -- attorney's fees, whether or not the performance actually occurs. ORGANIZATION: Clearwater Parks & Recreation Dept. EVENT: Clearwater Community Chorus & City Players Agreed to:-1<~)~ (Lessee) (Date) PACT, INC. 1111 McMullen Booth Road · Clearwaterl Florida 34619 · Telephone (813) 791-7060 · Fax (813) 791-6020